Terms of Service

1. Agreement to Terms

Welcome to TheBookingApp.co ("Platform"), operated by The Promethean, LLC ("Company," "we," "us," or "our"), a Colorado limited liability company. By accessing or using our Platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").

If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

If you do not agree to these Terms, do not access or use our Platform.

2. Description of Service

TheBookingApp.co is a software-as-a-service (SaaS) platform that provides:

• Online appointment scheduling and booking management
• Customer relationship management tools
• Payment processing integration
• Automated notifications and reminders
• Marketing and communication tools
• Business analytics and reporting

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion, with or without notice.

4. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited communications, or engage in harassment
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation
• Collect or harvest user data without consent
• Use the Platform for any fraudulent or deceptive purposes
• Resell or redistribute access to the Platform without authorization

5. Payment Terms

5.1 Subscription Fees

Access to certain features requires a paid subscription. By subscribing, you agree to pay the applicable fees as described on our pricing page. Fees are billed in advance on a monthly or annual basis.

5.2 Payment Processing

Payment processing is handled by Stripe, Inc. By using our payment features, you also agree to Stripe's terms of service. We do not store your full payment card details on our servers.

5.3 Automatic Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

5.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion. Please see our Pricing & Refund Policy for details.

6. Intellectual Property

6.1 Our Intellectual Property

The Platform, including its design, features, content, and underlying technology, is owned by The Promethean, LLC and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain ownership of content you upload to the Platform ("Your Content"). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display Your Content solely for the purpose of providing the Platform services to you.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by us without any obligation to compensate you.

7. Third-Party Services

The Platform integrates with third-party services including but not limited to Stripe (payments), Twilio (SMS), and Postmark (email). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the actions or omissions of third-party service providers.

8. Communications and Marketing

8.1 Transactional Communications

By using the Platform to book appointments, you agree to receive essential transactional communications including appointment confirmations, reminders, rescheduling notices, and cancellation confirmations. These communications are necessary for the provision of booking services.

8.2 Marketing Communications

Businesses on our Platform may send marketing communications to their customers who have opted in. Your marketing preferences are managed separately from transactional communications.

• You may opt in to or opt out of marketing communications at any time
• Each business manages their own marketing campaigns
• Opting out does not affect essential appointment-related notifications
• You can manage your preferences at /unsubscribe

8.3 Business Responsibility

Businesses using our Platform are responsible for ensuring their marketing practices comply with applicable laws including CAN-SPAM, TCPA, and GDPR where applicable. Businesses must honor customer opt-out requests processed through our Platform.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROMETHEAN, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Promethean, LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

12. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association. You waive your right to participate in class action lawsuits.

11.3 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

14. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and The Promethean, LLC regarding the Platform.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have questions about these Terms, please contact us at: